The Judicial Legacy of Louis Brandeis and the Nature of American
... Brandeis’s judicial legacy, of course, boasts a great many other contributions as well. He had a significant impact on a wide range of doctrinal areas from antitrust and commercial law to administrative law and utilities regulation,14 and he sometimes exerted an unacknowledged influence over the Cou ...
... Brandeis’s judicial legacy, of course, boasts a great many other contributions as well. He had a significant impact on a wide range of doctrinal areas from antitrust and commercial law to administrative law and utilities regulation,14 and he sometimes exerted an unacknowledged influence over the Cou ...
A progressive mind : Louis D. Brandeis and the origins of
... Origin of Civil Liberties in the United States: Wilson's pre-entry attitudes and behavior were carried to their logical extreme when war came. The president was a man who could tolerate little criticism of himself or his policies at any time. Anticipating the necessity for coercing total national un ...
... Origin of Civil Liberties in the United States: Wilson's pre-entry attitudes and behavior were carried to their logical extreme when war came. The president was a man who could tolerate little criticism of himself or his policies at any time. Anticipating the necessity for coercing total national un ...
Dire Straits: A report on the rule of law in Fiji
... The High Court.................................................................................................... 17 The Court of Appeal.......................................................................................... 17 The Supreme Court.................................................... ...
... The High Court.................................................................................................... 17 The Court of Appeal.......................................................................................... 17 The Supreme Court.................................................... ...
View/Open
... athletic events and provided such services to the public. 57 Additionally, the district court noted that TSSAA maintained the power to select officials for contests between TSSAA members. 58 The district court noted TSSAA's ability to sanction schools that violated TSSAA rules. 5 9 The district cour ...
... athletic events and provided such services to the public. 57 Additionally, the district court noted that TSSAA maintained the power to select officials for contests between TSSAA members. 58 The district court noted TSSAA's ability to sanction schools that violated TSSAA rules. 5 9 The district cour ...
The Politics of the Appointment of Justice Edward Terry Sanford
... 4Justice Day had been ill most of the previous term. He retired from the Court November 13, 1922, and accepted an appointment to serve on the Mixed Claims Commission which was set up to settle claims remaining from World War I. The Supreme Court and Its Work, pp. 1 56-57. 5ln reply to President Wils ...
... 4Justice Day had been ill most of the previous term. He retired from the Court November 13, 1922, and accepted an appointment to serve on the Mixed Claims Commission which was set up to settle claims remaining from World War I. The Supreme Court and Its Work, pp. 1 56-57. 5ln reply to President Wils ...
Capturing the Future: Earl Warren and Supreme Court History
... 9. Another prominent example is federalism's oscillations between constitutional extremities-preservation and destruction--o encapsulate differing visions of the relationships between state and national powers. Justice Brandeis envisaged a "federal system [where] a single courageous State may, if it ...
... 9. Another prominent example is federalism's oscillations between constitutional extremities-preservation and destruction--o encapsulate differing visions of the relationships between state and national powers. Justice Brandeis envisaged a "federal system [where] a single courageous State may, if it ...
Has the Supreme Court Allowed the Cure for De Jure Segregation to
... Court suggests the harm is an amorphous stigma; and, on the other, the Court suggests the harm is tangible. I will argue that the Supreme Court's dejure segregation jurisprudence is generally consistent with these two notions about the harms resulting from de jure segregation. When, as the Court has ...
... Court suggests the harm is an amorphous stigma; and, on the other, the Court suggests the harm is tangible. I will argue that the Supreme Court's dejure segregation jurisprudence is generally consistent with these two notions about the harms resulting from de jure segregation. When, as the Court has ...
The Perils of Popularity: David Josiah Brewer and the Politics of
... Even a progressive journal like Outlook, which was critical of many of Brewer’s views on law and politics, acknowledged his prominence and popularity. It described Brewer as “one of the most widely known and popular of all the judges who have ever sat upon the Federal Supreme Court bench,” and it no ...
... Even a progressive journal like Outlook, which was critical of many of Brewer’s views on law and politics, acknowledged his prominence and popularity. It described Brewer as “one of the most widely known and popular of all the judges who have ever sat upon the Federal Supreme Court bench,” and it no ...
Justice Black, the Fourteenth Amendment, and Incorporation
... certain Bill of Rights safeguards might be among the fundamental personal rights protected by the fourteenth amendment, but concurred24 with the assertion of the Twining Court that "[i]f this is so, it is not because those rights are enumerated in the first eight Amendments, but because they are of ...
... certain Bill of Rights safeguards might be among the fundamental personal rights protected by the fourteenth amendment, but concurred24 with the assertion of the Twining Court that "[i]f this is so, it is not because those rights are enumerated in the first eight Amendments, but because they are of ...
as a PDF - University of Illinois Law Review
... without our consent is so well established that most of us take its existence for granted. The Supreme Court has described it as the most “sacred” of rights.1 Given the heft of the common law right, it is perhaps surprising that the constitutional right against government-imposed bodily intrusions i ...
... without our consent is so well established that most of us take its existence for granted. The Supreme Court has described it as the most “sacred” of rights.1 Given the heft of the common law right, it is perhaps surprising that the constitutional right against government-imposed bodily intrusions i ...
Lamb`s Chapel v. Center Moriches School District (1993)
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...
The Supreme Court Giveth and the Supreme Court Taketh Away
... Instead, the basic contention advanced by the legal realists more than a half century ago—that textual interpretations and doctrinal conceptions are shaped by the outcomes that judges seek to justify far more than the other way around—is patently obvious. Indeed, the realists’ insight provides a par ...
... Instead, the basic contention advanced by the legal realists more than a half century ago—that textual interpretations and doctrinal conceptions are shaped by the outcomes that judges seek to justify far more than the other way around—is patently obvious. Indeed, the realists’ insight provides a par ...
The Hazards of Proposals to Limit the Tenure of
... tenure, the article discusses both selection and tenure since they are closely related. The first part of the article explains why proposals to limit the tenure of federal judges would interfere with judicial independence and effectiveness without producing any countervailing benefits. The second pa ...
... tenure, the article discusses both selection and tenure since they are closely related. The first part of the article explains why proposals to limit the tenure of federal judges would interfere with judicial independence and effectiveness without producing any countervailing benefits. The second pa ...
Why Justice Breyer Was Wrong in Van Orden v. Perry
... v. Simmons-Harris,where the Court held that vouchers from the government may be used for parochial schools.' They also dissented in Agostini v. Felton,6 which allowed more aid to parochial schools, and Rosenbergerv. Rectors and Visitors of the Universityof Virginia,7 which held that the government c ...
... v. Simmons-Harris,where the Court held that vouchers from the government may be used for parochial schools.' They also dissented in Agostini v. Felton,6 which allowed more aid to parochial schools, and Rosenbergerv. Rectors and Visitors of the Universityof Virginia,7 which held that the government c ...
The First Amendment and Content Discrimination - ITS
... has no power to restrict expression because of its message, its ideas, its subject matter, or its content."' As often happens with ringing declarations of sweeping principles, this statement obscured more than it enlightened. It embraced two significantly different strands of first amendment analysi ...
... has no power to restrict expression because of its message, its ideas, its subject matter, or its content."' As often happens with ringing declarations of sweeping principles, this statement obscured more than it enlightened. It embraced two significantly different strands of first amendment analysi ...
On Sunday, June 13, 1971, The New York Times published the first
... that presidents before him had followed. Nixon's national security adviser, Henry Kissinger, had begun secret negotiations with the North Vietnamese, but Ellsberg and others feared the president would order more bombing raids to force the enemy to agree to U.S. terms. Ellsberg, a brilliant analyst w ...
... that presidents before him had followed. Nixon's national security adviser, Henry Kissinger, had begun secret negotiations with the North Vietnamese, but Ellsberg and others feared the president would order more bombing raids to force the enemy to agree to U.S. terms. Ellsberg, a brilliant analyst w ...
Supreme Court Preview - Charleston Law Review
... Federal law 42 U.S.C. § 1983 states that every person who, under color of state law, deprives an individual of “any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.”4 In short, § 1983 allows those whose rights have been ...
... Federal law 42 U.S.C. § 1983 states that every person who, under color of state law, deprives an individual of “any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.”4 In short, § 1983 allows those whose rights have been ...
Presentation Plus! - Watertown School District
... speech about public officials for fear that criticism of government, a basic constitutional right, might be silenced if individuals could be sued for their statements. • In later years the justices have extended this protection to statements about public figures in general, such as political candi ...
... speech about public officials for fear that criticism of government, a basic constitutional right, might be silenced if individuals could be sued for their statements. • In later years the justices have extended this protection to statements about public figures in general, such as political candi ...
The Commerce Clause and Executive Power
... In Lawrence v. Texas, 18 the Court overturned Bowers v. Hardwick 19 and extended the implied fundamental rights of privacy and personhood to homosexuals regarding the right of sexual intimacy. 20 Regarding equal protection, in Grutter v. Bollinger 21 the Rehnquist Court also reaffirmed the Bakke pri ...
... In Lawrence v. Texas, 18 the Court overturned Bowers v. Hardwick 19 and extended the implied fundamental rights of privacy and personhood to homosexuals regarding the right of sexual intimacy. 20 Regarding equal protection, in Grutter v. Bollinger 21 the Rehnquist Court also reaffirmed the Bakke pri ...
From Exclusivity to Concurrence
... pattern: virtually all contemporary contexts where power is understood to be held concurrently amount to renunciations of the Court’s original view, consistent with Madison’s, that the power was held exclusively by only one institution. Part Two documents the doctrinal process by which the Supreme C ...
... pattern: virtually all contemporary contexts where power is understood to be held concurrently amount to renunciations of the Court’s original view, consistent with Madison’s, that the power was held exclusively by only one institution. Part Two documents the doctrinal process by which the Supreme C ...
27_5HofstraLRev37919..
... property uses deemed injurious to the surrounding neighborhood.' The ordinance, amended in 1972,7 restricted location of 4. Courts have the power to review legislative, executive, or administrative actions and to declare them unconstitutional. Although this power was probably recognized by the Frame ...
... property uses deemed injurious to the surrounding neighborhood.' The ordinance, amended in 1972,7 restricted location of 4. Courts have the power to review legislative, executive, or administrative actions and to declare them unconstitutional. Although this power was probably recognized by the Frame ...
State Law Independence and the Adequate and Independent State
... Complications arise in the application of the doctrine when state courts fail to indicate the degree to which they relied on federal law.' 3 If the Court improperly finds jurisdiction, its review of a state court decision may infringe on the independence of state law' 4 or result in an advisory opin ...
... Complications arise in the application of the doctrine when state courts fail to indicate the degree to which they relied on federal law.' 3 If the Court improperly finds jurisdiction, its review of a state court decision may infringe on the independence of state law' 4 or result in an advisory opin ...
From Progressivism to Modern Liberalism: Louis
... All of these factors deserve further exploration. They also need to be considered not just in light of the jurisprudence of the late 1930s and 1940s, but in light of the Warren Court’s increasingly assertive civil libertarianism in the 1950s and 1960s. In this Article, however, I will focus on an “i ...
... All of these factors deserve further exploration. They also need to be considered not just in light of the jurisprudence of the late 1930s and 1940s, but in light of the Warren Court’s increasingly assertive civil libertarianism in the 1950s and 1960s. In this Article, however, I will focus on an “i ...
Judiciary
... (1977–1981), the nomination of federal district court judges actually originated with a senator or senators of the president’s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan (1981–1989), the president has es ...
... (1977–1981), the nomination of federal district court judges actually originated with a senator or senators of the president’s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan (1981–1989), the president has es ...
The Constitution in the Supreme Court: The New Deal, 1931-1940
... Is Id. at 269, 257-58. Brandeis's approach seems more in accord with Justice Chase's original perception. See Hylton v. United States, 3 U.S. 171, 174 (1796): "it is unnecessary . . .for me to determine, whether this court, constitutionally possesses the power to declare an act of congress void, on ...
... Is Id. at 269, 257-58. Brandeis's approach seems more in accord with Justice Chase's original perception. See Hylton v. United States, 3 U.S. 171, 174 (1796): "it is unnecessary . . .for me to determine, whether this court, constitutionally possesses the power to declare an act of congress void, on ...
Supreme Court of Pakistan
The Supreme Court of Pakistan (SC) (Urdu: عدالت عظمیٰ پاکستان; Adālat-e-Uzma Pākistān) is the apex court in the judicial hierarchy of Pakistan, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It also has a number of Branch Registries where cases are heard. The court has a number of de jure powers, outlined in the Constitution. Through several periods of military rule and constitutional suspensions (see Doctrine of necessity), the court has also established itself as a de facto check on military power.It has the appellate jurisdiction over all high courts (including provincial high courts, district courts, and special courts) and federal courts, as well as original jurisdiction over a few types of cases. The Supreme Court is made up of a chief justice and a number of senior justices who are nominated by the President after consulting the Prime minister. Once appointed justices are expected to complete a designated term and then retire, unless they are removed by the Supreme Judicial Council after receiving a presidential reference regarding misconduct of judge(s).